On Thursday afternoon, the White House and the Department of Justice made it clear that they have stepped in to prevent a whistleblower report concerning an action by Donald Trump from being released as required by law. Sources tell CNN that the White House has claimed this allegation, which is reported to cover an action carried out by Trump in making a promise to a foreign leader, is not covered by intelligence activities, and therefore is not protected by the whistleblower law.
At the same time, a second letter from intelligence community Inspector General Michael Atkinson to House Intelligence Committee Chair Adam Schiff makes it clear that acting Director of National Intelligence Joseph Maguire has not only acted to prevent Atkinson from releasing the report, as required by law, but has also prevented Atkinson from making any arrangements for the whistleblower to come forward.
“Although I had hoped the Acting DNI would provide direction, through me, on how the complainant can contact the congressional intelligence community directly, ‘in accordance with appropriate security practices,’” wrote Atkinson, “I have now been informed that the Acting DNI and I are at an impasse.” Not only is Maguire refusing to release the report, but he’s also refusing to allow the inspector general to carry out his obligations under the law.
Atkinson continues that “… the resulting inability for an employee, detailee, or contractor in the Intelligence Community to receive direction from the Acting DNI through the Inspector General, on how to contact the congressional intelligence community directly … on what appear to be matters of good faith and credible allegations ‘with respect to an urgent concern’, even if it is later determined by others that the alleged contact falls outside the definition of ‘urgent concern’ may itself constitute a significant problem and deficiency concerning the DNI’s responsibility ...”
That’s the Trump-appointed inspector general of the intelligence community informing Congress that the acting DNI is not just breaking the law by refusing to release the report, but he’s also failing in his obligations to help whistleblowers speak directly to Congress.
This is a crisis that is breaking out in every direction.
The law doesn’t just require Maguire to provide Congress with the report; it also requires that he do exactly what he is refusing to do: advise the inspector general on how to establish direct communication between the whistleblower and the intelligence committee. Maguire isn’t just bending the law—he’s shredding it.
And a move by Trump and Barr to simply lift the matter away from the intelligence community is an ever-greater threat. There is simply no provision in the law that allows them to define whether or not a whistleblower report fits within the confines of what can be reported. They are not allowed to block this report. That’s the whole point of having a system for making such reports.
As several analysts have pointed out, whoever made this report put everything on the line. Their career is over. It’s clear they thought whatever is at the core of this matter important enough that it demanded attention.
Trump, Barr, and Maguire are now in massive breach of the law to prevent this issue from reaching the Congress.